Food trucks must abide by new rules

San Diego's growing food truck industry will soon be subject to new, stricter rules approved Monday by the City Council, capping a months-long effort to legalize their operations on private property.

The new regulations, which some mobile vendors say will harm their businesses, were necessary because there currently are no municipal code provisions that govern trucks serving food to the general public on private property, most notably in commercial areas.

The net effect of the ordinance, expected to go into effect sometime in April, will be to disallow trucks in the Gaslamp Quarter, Little Italy, and portions of several beach areas. In addition, late-night operations in dense urban areas will be prohibited where food trucks are parked close to homes.

Christian Murcia, owner of two food trucks and Curbside Bites, which manages food truck gatherings, said after the public hearing that he is still weighing his options as to whether to pursue legal action.

He is especially troubled by a new regulation that would prohibit food trucks from operating within 300 feet of a dwelling unit after 10 p.m. Sunday through Thursday and 11 p.m. Friday through Saturday. His and others’ late-night operations downtown and in other urban areas dominated by apartment and condo complexes would have to shut down, he said.

“We frequently park our truck in the Gaslamp, and a lot of these regulations inhibit our business,” he told the council. "The Gaslamp regulation is just a back-door way to protect the restaurants."

Council President Todd Gloria, taking offense at some of the public comments criticizing the regulations as discriminatory, pointed out that food trucks are in fact currently operating unlawfully because of the absence of regulations.

“I’d encourage you to read the ordinance,” he said. “Many of you purchased businesses that aren’t legal, and we’re trying to bring you into conformance. We’re talking about a prohibition in 5 percent of the city.”

The council did make one change Monday in response to concerns raised by truck owners over a requirement that permits must be obtained by property owners who want to host a food truck. No such permit would be required for industrially zoned land, and the council agreed to waive the permit as well for commercial office parks. The cost for obtaining such permits is between $491 to $935 for each location, a cost likely borne by the food truck owners.

The growth of the gourmet food truck movement has inevitably created tensions with restaurant owners, some of whom see the competition as unfair.

“It’s unfair to have food trucks anywhere close to a restaurant,” said Lynn McCoy, of Jolt’n Joe’s, which operates downtown. “There’s enough competition down here already without bringing the trucks in, who don’t pay the fees we do.”

Other regulations include:

•Food trucks would be outlawed within eight blocks in the Gaslamp Quarter along Fifth Avenue and a six-block area of Little Italy.

•No food trucks would be allowed within the first two to three blocks adjacent to the beach in such communities as Ocean Beach, parts of Mission Beach, Pacific Beach and La Jolla.

•A prohibition on food trucks within “parking-impacted neighborhoods” surrounding San Diego State, University of San Diego and UC San Diego.